#THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power to make orders detaining certain persons. 
4.  Execution of detention orders. 
5.  Power to regulate place and conditions of detention. 
6.  Grounds of detention severable. 
7.  Detention orders not to be invalid or inoperative on certain grounds. 
8.  Powers in relation to absconding persons. 
9.  Advisory Boards. 
10.  Cases in which and circumstances under which persons may be detained for periods longer than 
three months without obtaining the opinion of Advisory Board. 
11.  Maximum period of detention. 
12.  Revocation of detention orders 
13.  Temporary release of persons detaine 
14.  Protection of action taken in good faith 
15.  [Repealed.] 
16.  Repeal and saving 


 
 
#THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 

##ACT NO. 46 OF 1988 

[6th September, 1988.]

An Act to provide for detention in certain cases for the  purpose  of  preventing  illicit  traffic  in 
narcotic drugs and psychotropic substances and for matters connected therewith. 

WHEREAS  illicit  traffic  in  narcotic  drugs  and  psychotropic  substances  poses  a  serious  threat  to  the 
health  and  welfare  of  the  people  and  the  activities  of  persons  engaged  in  such  illicit  traffic  have  a 
deleterious effect on the national economy; 

AND WHEREAS  having  regard  to  the  persons  by  whom  and  the  manner  in  which  such  activities  are 
organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to 
the  illicit  traffic  in  narcotic  drugs  and  psychotropic  substances,  such  activities  of  a  considerable 
magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such 
activities to provide for detention of persons concerned in any manner therewith. 

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 

1. **Short title, extent and commencement.**—(1)  This Act may be called the Prevention of Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. 

(2) It extends to the whole of India except the State of Jammu and Kashmir[^1].

(3) It shall be deemed to have come into force on the 4th day of July, 1988.

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a)  “appropriate  Government”  means,  as  respects  a  detention  order  made  by  the  Central 
Government or by an officer of the Central Government, or a person detained under such order, the 
Central Government, and as respects a detention order made by a State Government or by an officer 
of a State Government, or a person detained under such order, the State Government; 

(b) “customs airport” means any airport appointed under clause (a) of section 7 of the Customs 
Act, 1962 (52 of 1962) to be a customs airport;

(c) “detention order” means an order made under section 3;

(d) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946);

(e) “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means— 

  (i) cultivating any coca plant or gathering any portion of coca plant;

  (ii) cultivating the opium poppy or any cannabis plant;

  (iii)  engaging  in  the  production,  manufacture,  possession,  sale,  purchase,  transportation, 
warehousing, concealment, use or consumption, import inter-State, export inter-State, import into 
India, export from India or transhipment, of narcotic drugs or psychotropic substances;

  (iv) dealing  in  any  activities  in  narcotic  drugs  or  psychotropic  substances  other  than  those 
provided in sub-clauses (i) to (iii); or 

[^1] Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory  of Jammu and 
Kashmir and the Union territory of Ladakh. 


 
 
  (v) handling or letting any premises for the carrying on of any of the activities referred to in 
sub-clauses (i) to (iv),

other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 
1985),  or  any  rule  or  order  made,  or  any  condition  of  any  licence,  term  or  authorisation  issued, 
thereunder and includes— 

  (1) financing, directly or indirectly, any of the aforementioned activities;

  (2) abetting  or  conspiring  in  the  furtherance  of  or  in  support  of  doing  any  of  the 
aforementioned activities; and 

  (3) harbouring persons engaged in any of the aforementioned activities;

(f) “Indian customs waters” has the same meaning as in clause (28) of section 2 of the Customs 
Act, 1962 (52 of 1962);

(g) “State Government”, in relation to a Union territory, means the Administrator thereof;

(h)  words  and  expressions  used  herein  but  not  defined,  and  defined  in  the  Narcotic  Drugs  and 
Psychotropic Substances Act, 1985 (61 of 1985), have the meanings respectively assigned to them in 
that Act. 

3. **Power to make orders detaining certain persons.**—(1)  The  Central  Government  or  a  State 
Government,  or  any  officer  of the  Central  Government,  not  below  the  rank  of a Joint  Secretary  to  that 
Government, specially empowered for the purposes of this section by that Government, or any officer of a 
State  Government,  not  below  the rank  of  a  Secretary  to  that  Government,  specially  empowered for the 
purposes  of  this  section  by  that  Government,  may,  if  satisfied,  with  respect  to  any  person  (including  a 
foreigner)  that,  with  a  view  to  preventing  him  from  engaging  in  illicit  traffic  in  narcotic  drugs  and 
psychotropic substances, it is necessary so to do, make an order directing that such person be detained.  

(2) When  any  order  of  detention is  made  by  a State Government  or  by  an  officer  empowered  by  a 
State  Government,  the  State  Government  shall,  within  ten  days,  forward  to  the  Central  Government  a 
report in respect of the order.

(3)  For  the  purposes  of  clause  (5)  of  article  22  of the  Constitution,  the  communication  to  a  person 
detained in pursuance of a detention order of the grounds on which the order has been made shall be made 
as  soon  as  may  be  after  the  detention,  but  ordinarily  not  later  than  five  days,  and  in  exceptional 
circumstances  and  for  reasons  to  be  recorded  in  writing  not  later  than  fifteen  days,  from  the  date  of 
detention.

4. **Execution of detention orders.**—A detention order may be executed at any place in India in the 
manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 
1974).

5. **Power to regulate place and conditions of detention.**—Every person in respect of whom a 
detention order has been made shall be liable— 

  (a) to  be  detained  in  such  place  and  under  such  conditions  including  conditions  as  to 
maintenance,  interviews  or  communication  with  others,  discipline  and  punishment  for  breaches  of 
discipline, as the appropriate Government may, by general or special order, specify; and 

  (b) to be removed from one place of detention to another place of detention, whether within the 
same State or in another State by order of the appropriate Government: 

Provided that no order shall be made by a State Government under clause (b) for the removal of a 
person from one State to another State except with the consent of the Government of that other State. 

6. **Grounds of detention severable.**—Where a person has been detained in pursuance of an order of 
detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of 
detention shall be deemed to have been made separately on each of such grounds and accordingly— 

  (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the 
grounds is or are— 

    (i) vague,
    (ii) non-existent,
    (iii) not relevant, 
    (iv) not connected or not proximately connected with such person, or
    (v) invalid for any other reason whatsoever,

and it is not therefore possible to hold that the Government or officer making such order would have 
been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or 
grounds and made the order of detention;

  (b) the Government or officer making the order of detention shall be deemed to have made the 
order of detention under the said sub-section (1) after being satisfied as provided in that sub-section 
with reference to the remaining ground or grounds.

7. **Detention orders not to be invalid or inoperative on certain grounds.**— No detention order 
shall be invalid or inoperative merely by reason— 

  (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of 
the Government or the officer making the order of detention; or

  (b) that the place of detention of such person is outside the said limits.

8. **Powers in relation to absconding persons.**—(1)  If  the  appropriate  Government  has  reason  to 
believe that a person in respect of whom a detention order has been made has absconded or is concealing 
himself so that the order cannot be executed, that Government may— 

  (a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first 
class  having  jurisdiction  in  the  place  where  the  said  person  ordinarily  resides;  and  thereupon  the 
provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974) shall 
apply in respect of the said person and his property as if the order directing that he be detained were a 
warrant issued by the Magistrate;

  (b) by order notified in the Official Gazette direct the said person to appear before such officer, at 
such  place  and  within  such  period  as  may  be  specified  in  the  order;  and  if  the  said  person  fails  to 
comply  with  such  direction,  he  shall,  unless  he  proves  that  it  was  not  possible  for  him  to  comply 
therewith and that he had, within the period specified in the order, informed the officer mentioned in 
the order of the reason which rendered compliance therewith impossible and of his whereabouts, be 
punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every 
offence under clause (b) of sub- section (1) shall be cognizable.

9. **Advisory Boards.**—For the purposes of sub-clause (a) of clause (4) and sub-clause (c) of 
clause (7) of article 22 of the Constitution,— 

  (a) the Central Government and each State Government shall, whenever necessary, constitute one 
or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing 
the qualifications specified in sub-clause (a) of clause (4) of article 22 of the Constitution; 

  (b) save as otherwise provided in section 10, the appropriate Government shall, within five weeks 
from the date of detention of a person under a detention order, make a reference in respect thereof to 
the  Advisory  Board  constituted  under  clause  (a)  to  enable  the  Advisory  Board  to  make  the  report 
under sub-clause (a) of clause (4) of article 22 of the Constitution; 

  (c) the Advisory Board to which a reference is made under clause (b) shall after considering the 
reference and the materials placed before it and after calling for such further information as it may 
deem necessary from the appropriate Government or from any person called for the purpose through 
the appropriate Government or from the person concerned, and if, in any particular case, it considers 
it  essential  so  to  do  or  if  the  person  concerned  desires  to  be  heard  in  person,  after  hearing  him  in 
person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not 
there is sufficient cause for the detention of the person concerned and submit the same within eleven 
weeks from the date of detention of the person concerned; 

  (d) when there is a difference of opinion among the members forming the Advisory Board, the 
opinion of the majority of such members shall be deemed to be the opinion of the Board;

  (e) a  person  against  whom  an  order  of  detention  has  been  made  under  this  Act  shall  not  be 
entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory 
Board and the proceedings of the Advisory Board and its report, excepting that part of the report in 
which the opinion of the Advisory Board is specified, shall be confidential;

  (f) in  every  case  where  the  Advisory  Board  has  reported  that  there  is  in  its  opinion  sufficient 
cause for the detention of a person, the appropriate Government may confirm the detention order and 
continue the detention of the person concerned for such period as it thinks fit and in every case where 
the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the 
person concerned, the appropriate Government shall revoke the detention order and cause the person 
to be released forthwith.

10. **Cases in which and circumstances under which persons may be detained for periods longer 
than three months without obtaining the opinion of Advisory Board.**—(1) Notwithstanding anything 
contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made 
under  this  Act  at  any  time  before  the 31st day of July, 1999 may  be  detained  without  obtaining,  in 
accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Constitution, the opinion 
of an Advisory Board for a period longer than three months but not exceeding six months from the date of 
his detention, where the order of detention has been made against such person with a view to preventing 
him  from  engaging  in  illicit  traffic  in  narcotic  drugs  and  psychotropic  substances,  and  the  Central 
Government or any officer of the Central Government, not below the rank of an Additional Secretary to 
that Government, specially empowered for the purposes of this section by that Government, is satisfied 
that  such  person  engages  or  is  likely  to  engage  in  illicit  traffic  in  narcotic  drugs  and  psychotropic 
substances into,  out  of, through  or  within any  area highly  vulnerable to  such illicit traffic  and  makes a 
declaration to that effect within five weeks of the detention of such person.

*Explanation1*.—In this sub-section, “area highly vulnerable to such illicit traffic” means— 

  (i) the India customs waters; 

  (ii) the customs airports; 

  (iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the city of Varanasi; 

  (iv)  the  inland  area  one  hundred  kilometres  in  width  from  the  coast  of  India  falling  within  the 
territories  of  the  States  of  Andhra  Pradesh,  Goa,  Gujarat,  Karnataka,  Kerala,  Maharashtra,  Orissa, 
Tamil Nadu and West Bengal and the Union territories of Daman and Diu and Pondicherry;

  (v) the inland area one hundred kilometres in width from— 

    (a) the India-Pakistan border in the States of Gujarat, Punjab and Rajasthan;

    (b) the India-Nepal border in the States of Bihar, Sikkim, Uttar Pradesh and West Bengal;

    (c)  the  India-Burma  border  in  the  States  of  Arunachal  Pradesh,  Manipur,  Mizoram  and 
Nagaland;

    (d) the  India-Bangladesh  border  in  the  States  of  Assam,  Meghalaya,  Tripura  and  West 
Bengal;

    (e) the  India-Bhutan  border  in  the  States  of  Arunachal  Pradesh,  Assam,  Sikkim  and  West 
Bengal;

  (vi)  such  other  area  or  customs  station,  as  the  Central  Government  may,  having  regard  to  the 
vulnerability of such area or customs station, as the case may be, to illicit traffic, by notification in the 
Official Gazette, specify in this behalf.

*Explanation 2.*—For the purposes of *Explanation 1*,  “customs  station”  has  the  same  meaning  as  in 
clause (13) of section 2 of the Customs Act, 1962 (52 of 1962). 

(2) In the case of any person detained under a detention order to which the provisions of sub-section (1) 
apply, section 9 shall have effect subject to the following modifications, namely:— 

  (i) in clause (b), for the words “shall, within five weeks”, the words “shall, within four months 
and two weeks” shall be substituted; 

  (ii) in clause (c),— 

    (a) for the words “the detention of the person concerned”, the words “the continued detention 
of the person concerned” shall be substituted; 

    (b) for  the  words  “eleven  weeks”,  the  words  “five  months  and  three  weeks”  shall  be 
substituted;

  (iii) in clause (f), for the words “for the detention”, at both the places where they occur, the words 
“for the continued detention” shall be substituted.

11. **Maximum period of detention.**—The maximum period for which any person may be detained in 
pursuance of any detention order to which the provisions of section 10 do not apply and which has been 
confirmed under clause (f) of section 9 shall be one year from the date of detention, and the maximum 
period for which any person may be detained in pursuance of any detention order to which the provisions 
of section 10 apply and which has been confirmed under clause (f) of section 9, read with sub-section (2) 
of section 10, shall be two years from the date of detention:

Provided that nothing contained in this section shall affect the power of appropriate Government in 
either case to revoke or modify the detention order at any earlier time. 

12. **Revocation of detention orders.**—(1) Without prejudice to the provisions of section 21 of the 
General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified— 

  (a) notwithstanding  that  the  order  has  been  made  by  an  officer  of  a  State  Government,  by  that 
State Government or by the Central Government; 
 
  (b) notwithstanding that the order has been made by an officer of the Central Government or by a 
State Government, by the Central Government. 

(2) The revocation of a detention order  shall  not  bar  the  making  of  another  detention  order  under 
section 3 against the same person. 

13. **Temporary release of persons detained.**—(1) The Central Government may, at any time, direct 
that  any  person  detained  in  pursuance  of  a  detention  order  made  by  that  Government  or  by  an  officer 
subordinate  to  that  Government  or  by  a  State  Government  or  by  an  officer  subordinate  to  a  State 
Government, may be released for any specified period either without conditions or upon such conditions 
specified in the direction as that person accepts, and may, at any time, cancel his release. 

(2) A State Government may, at any time, direct that any person detained in pursuance of a detention 
order made by that Government or by an officer subordinate to that Government may be released for any 
specified period either without conditions or upon such conditions specified in the direction as the person 
accepts, and may, at any time, cancel his release. 

(3) In  directing  the release  of  any  person  under  sub-section (1)  or  sub-section  (2),  the  Government 
directing  the  release  may  require  him  to  enter  into  a  bond  with  sureties  for  the  due  observance  of  the 
conditions specified in the direction. 

(4) Any person released under sub-section (1) or sub-section (2) shall surrender himself at the time 
and place, and to the authority, specified in the order directing his release, or cancelling his release, as the 
case may be. 

(5) If any person fails without sufficient cause to surrender himself in the manner specified in sub-
section (4), he shall be punishable with imprisonment for a term which may extend to two years, or with 
fine, or with both. 

(6) If any person released under sub-section (1) or sub-section (2) fails to fulfil any of the conditions 
imposed  upon  him  under  the  said  sub-section  or  in  the  bond  entered  into  by  him,  the  bond  shall  be 
declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 

(7) Notwithstanding  anything  contained  in  any  other  law  and  save  as  otherwise  provided  in  this 
section,  no  person  against  whom  a  detention  order  made  under  this  Act  is  in  force  shall  be  released 
whether on bail or bail bond or otherwise. 

14. **Protection of action taken in good faith.**—No suit or other legal proceeding shall lie against the 
Central  Government  or a State  Government  and  no suit,  prosecution or other legal  proceeding  shall  lie 
against any person for anything in good faith done or intended to be done in pursuance of this Act. 

15. [Amendment of Act 52 of 1974.] *Rep. by the Repealing and Amending Act*, 2001 (30 of 2001), s.2 
and the First Schedule (w.e.f.3-9-2001). 

16. **Repeal and saving.**—(1) The  Prevention  of  Illicit  Traffic  in  Narcotic  Drugs  and  Psychotropic 
Substances Ordinance, 1988 (Ord. 7 of 1988), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 
deemed to have been done or taken under the corresponding provisions of this Act.